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  • akred
    05-04 09:46 PM
    Is there any way H1B can qualify as a EB1C?

    Sure. You need to work outside the US for the sponsoring company in a managerial capacity for 1 out of the 3 years prior to filing the I140. So if you are on a H1B and are a manager, you can sign up for an assignment abroad to fulfill that requirement.





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  • fasterthanlight�
    04-11 01:30 PM
    Apparently not this year





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  • chris
    01-18 12:06 AM
    She can stay till Dec 2009.


    Can wife stay in India for more than 6 months while 485 is pending?

    What she have now is an approved AP till 2009 december.

    thanks
    achu.





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  • sampath21
    06-25 08:52 AM
    Hi All,

    Joined California based consulting company in mid 2006, got project in Maryland(MD). Worked in Maryland but CA company ran payroll on CA address. I have LCA for Maryland. End of year,2006 filed tax filing with CA state.

    Project went till February,2008 they are running my pay stubs,W2 with CA address. I filed CA tax returns for year 2007 but stayed in Maryland.

    Now my questions is I�m present in Maryland(LCA) but pay stubs,W2 are showing CA address. In demographic information form(g-325) which I address I need to use. Should I go with physical address(Maryland) or W2 address(CA).

    I have no idea how to go about this, can you please advice how to present my case.

    Thanks,
    Sampath.



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  • ramus
    07-05 08:45 PM
    Thank you..

    Can you please post your question on this thread

    http://immigrationvoice.org/forum/showthread.php?t=5994


    ---- Please continue any discussion on this topic in the thread whose link is provide above. OP - please delete this thread or ask the mods to do the delete. Hope you understand that extra threads arent good.





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  • CHHAYA
    11-15 08:50 AM
    I HAVE H1 APPROVED TILL 04/10 BUT I ENTERED USA USING AP THIS YEAR SO MY UNDERSTANDING IS THAT I AM ON EAD NOW WITH SPONSORING EMPLOYER. I AM ASLO DOING PARTIME JOB IN OTHER FIELD ON EAD SINCE 01/08. NOW IF I GET FULL TIME JOB WITH OTHER EMPLOYER (other field)AND IF I WORK LESS HOURS (means I get under pay than showed in labor) WITH SPONSORING EMPLOYER, WILL I BE IN TROUBLE? Please give me right way.


    PD - 05/03 EB3-I



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  • tslee
    04-22 12:15 PM
    Dear all:

    May I ask what I should do in the following situation?

    I hold F1 visa and my new job starts on Sept 1. The int'l student office of my current university mistakenly set my OPT start date on May 6. My OPT has been approved and EAD card arrived.

    That is, I will have 120-plus "unemployment" days accumulated by early August, which will then violate the "90-day unemployment rule" of OPT.

    I am under tremendous pressure and really want to hear your opinions.

    Many thanks in advance!





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  • validIV
    01-22 04:57 PM
    Shouldn't be difficult but it is the USCIS that we are talking about after all. Unless it is passed as law, it wont happen. A dual stage I-485 application process was being discussed last year but nothing came out of it. Piecemeal legislations will not pass as the public wants CIR not bandaids.

    And FYI, EAD does not eliminate employer dependency—you still need an employer.



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  • webm
    01-13 12:57 PM
    It could be -- case transferred to your Local USCIS field office area jurisdiction.





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  • satyasaich
    04-06 04:31 PM
    As far as i know, it is not possible. because your friend's I-140 was approved already, based on which I-485 was applied.
    He can change an employer and shall not be any issue as long as the job description is same.
    That doesn't equate to a situation where an employer can invoke I-140 before it's approval & use the LC for someone else.
    (Note: I'm not an attorney)

    Hi, I have a question.

    1. My colleague crossed 2 years after filing 485. Frustrated with GC processes, he is switching company for better career prospects. He is using his EAD and invoking AC21. Is it possible for me to use his labor? If no, why?



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  • xtronics
    03-26 08:46 AM
    aguy,
    You are eligible for 1yr extensions. If your I-140 is approved, you can get 3 yr extensions. Since you are saying it is NIW, it is always better to be on H1 because those cases are approved after intense scrutiny. Where was your I140 application sent?





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  • desi3933
    02-09 02:04 PM
    I am on L2 since my husband is on L1. I work full time for a US employer with an EAD. Now, what would happen to my status if my husband quits his job?

    What is going to be his new status? If it is not L1, then your L2 status is gone as well.

    _______________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • pappu
    05-22 03:33 PM
    This is not related to IV agenda and legislative updates section.





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  • nk2
    07-20 08:41 PM
    My case was approved by BEC on July 18. My attorney says that my 140 has to be filed by July 31 to be eligible to file under July visa bulletin [by 17th August]

    Is his interpretation correct?

    I can not do concurrent for a few more days, until my family returns from India.

    If I go with 140 now, I am afraid the 140 receipt may not arrive in time for me to file for 485.



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  • ghost
    09-08 02:22 PM
    yes, securing the borders is the must-pass bill for the republicans in the next three weeks.

    I sincerely hope that they would include SKIL provisions in this for economic security.





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  • mkarothi
    07-11 05:41 PM
    Hi,

    I am in the following situation.

    1. I am going to complete my 6yrs of stay ( L1 period + H1 period) in USA by Dec 2008 (after adding my vacation time in India).

    2. I got H1 valid till June 2010 and got stamped on passport that valid till June 2010.
    ( USCIS approved H1 for me till 2010 eventhou I complete 6yrs by end of 2008)



    3. My LC was electronically filed in September 2007 in EB2 category in Chicago DOL. Got Audit in October 2007 on Business Necessity ground and was replied within due date.

    4. After several months of waiting (Audit response was accepted), it was denied on the following reason. "The internal job posting was not as per the DOL regulations".

    5. My Lawyer said, the notice that was submitted was in the proper format-the exact format specified by the regulations that applied for reconsideration

    He also mentioned that, he filed LC for other candidates with same job posting and got approval on their cases.

    6. Now, Atlanta is processing all permanent Labors. As there is a huge back log at Atlanta processing center, My lawyer suggested to apply a new application rather waiting on this reply.

    7. we need wait another 2 months ( for job ads and wait for response ) before even we can apply for new LC. even we apply some time in September 2008. I should get an approval immediately (as I am going to complete 6 yrs) otherwise I will be in trouble.


    Given the scenario, what are my options as I am on time crunch.....?

    Any suggestions greatly appreciated.



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  • jsb
    09-05 10:04 PM
    Hi
    My middle name is given only initial on not full on 1-485 ,131 receipt but 765 has full name
    can any one advise me on how to resolve it.

    I am on H1 now and my H1 B approval also had my middle name as initial.

    Why are you worried? Dropping middle name in North American naming conventions is common, but that should not matter.





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  • good idea
    11-10 12:25 AM
    thanks a lot for reply but it's not helpful...

    that link takes to calculate to no. of years to get GC...
    I want to look into Tracker, so that I can compare my case with other registered members...


    thanks.....





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  • morchu
    05-18 11:58 AM
    True up to some extent. When filing AOS, you still "intent" to join for the exact same employment (including location), as specified in your LC. You are NOT required to take that exact employment "at the time" of filing AOS. What is required "at the time of filing AOS" is to have a legitimate intention to take that exact employment upon GC. By joining for that exact employment from anytime now, will actually help in proving the "legitimacy" of your intention (but not "required").


    My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?

    Thanks
    Member of north calif
    dontation : $500





    srarao
    09-05 08:32 PM
    Hi
    My middle name is given only initial on not full on 1-485 ,131 receipt but 765 has full name
    can any one advise me on how to resolve it.

    I am on H1 now and my H1 B approval also had my middle name as initial.





    richi121175
    10-01 11:53 AM
    I am on a L1 visa which has expired April 2006. I have got my petition extended till 2008. Can I transfer my L1 from Employer A to another Employer B. Can employer B transfer my current L1 petition to his company?

    Please reply ASAP.
    L-1 petition is non-transferable and tied to employer A. However, employer B can file H-1 for you.



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